Summary: We will not investigate Mr X’s complaint about the Council’s refusal to complete a Building Control Inspection and how it handled his complaint. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complains the Council refused to complete a Building Control inspection without a signed Notice of Completion. He complains about how the Council applied its policy and its refusal to exercise its discretion. Mr X says the Council misclassified his complaint and refused to put it through its corporate complaints’ procedure. Mr X says this caused him stress and avoidable delay to his project. He wants the Council to apologise for how it handled his inspection request and his complaint. He also wants the Council to provide compensation for the time and trouble the situation has caused him.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X submitted a request to the Council for it to complete a Building Control inspection. The Council told Mr X it could not carry out an inspection without a signed Notice of Completion.
7. Under the Building Regulations, the Council must be told once work is completed and it is entitled to request that a Notice of Completion is provided. Mr X did not provide the Council with the necessary documentation, and it was within its right to refuse to carry out the inspection. I am satisfied the Council followed the correct processes in making its decision and there is not enough evidence of fault to warrant our involvement.
8. Mr X complained the Council misclassified his complaint and refused to put it through its corporate complaints’ procedure. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman